Fiji Govt Must Repeal Decree and Return Workers' Rights

16 September 2011
Amnesty International is calling on the government of Fiji to repeal a decree that drastically restricts workers’ rights by virtually outlawing trade union activities.
The “Essential National Industries (Employment) Decree” was enacted on 9 September despite repeated calls and warnings that the decree violates international labour law and Fiji’s human rights obligations.

The decree takes away nearly all collective bargaining rights, severely curtails the right to strike, bans overtime payments and voids existing collective agreements for workers in key sectors of the economy including sugar, aviation and tourism.

While the government of Fiji claims that the measure is needed to ensure the development, viability and sustainability of industries that are essential to the economy, Amnesty International maintains that the best way to achieve these goals is to respect the fundamental human rights and dignity of those whose labour underpins these enterprises.

As it is, Fiji is failing in its duty to deliver decent work to its people. Forty percent of Fijians are reported to live below the poverty line of $1.25 a day, and more than half of those in full time employment earn wages below the poverty line. Independent trade unions are sorely needed.

“The implementation of such a decree means that fundamental human rights are at stake,” says Patrick Holmes, CEO of Amnesty International Aotearoa New Zealand.

“We are deeply concerned by the government of Fiji’s actions and believe that such a decree will severely curtail worker’s rights and the right of expression, association and assembly.”

Fiji has an obligation to uphold the rights of its workers - including the specific rights to organise, to bargain collectively and to strike.

Amnesty International in conjunction with the New Zealand Council of Trade Unions is calling on rugby fans to show their support for a democratic Fiji at Saturday’s Fiji vs South Africa Rugby World Cup game in Wellington.

Fans are being asked to wear an armband, no matter which team they support, and stand in solidarity with the workers of Fiji and the Fiji labour movement in their struggle to defend their rights.

Background

The 2009 Public Emergency Regulations enable the government to violate key human rights whilst promulgating impunity for those committing such violations.

Amnesty International continues to call for an immediate repeal of these regulations.

0n 8 August the ILO expressed its “serious concern about developments in Fiji”, including the arrests of the two trade union leaders under the PER and the new restrictive Decree.

Under international law, all workers have a human right to form and join trade unions, to bargain collectively and to strike.

These rights are an essential foundation to the realisation of other rights, and are enshrined in the Universal Declaration of Human Rights and conventions adopted by the International Labour Organisation (ILO), including core conventions 87 and 98 which have been ratified by Fiji.

As a member of the ILO, the Government of Fiji also has a commitment, through the 1998 ILO Declaration on Fundamental Principles and Rights at Work, to respect, promote and realise the fundamental rights set out in the organisation’s core conventions.

Moves to limit fundamental workers’ rights in Fiji are also at odds with commitments made under the Cotonou Agreement which defines the European Union’s relations with 79 countries from Africa, the Caribbean and the Pacific, including Fiji.

Amnesty International has outlined its concerns about the Public Emergency Regulations in its detailed report in 2009, Fiji: Paradise Lost, A tale of ongoing human rights abuses April-July 2009, available at http://www.amnesty.org.nz/files/ai-fiji-report-FINAL-sept09.pdf

It has previously raised concerns with attacks on unions and worker’s rights here http://www.amnesty.org.nz/news/fiji-fears-activists-military-clamps-down-peaceful-protest-plans

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